Philippine Bar review · Question

Practice question: Subpoena (Rule 21)

Multiple Choice Easy

Practice question

For a deposition document subpoena, does Rule21 Section5 require a court order beyond the clerk’s ordinary issuance authorization?
  1. Yes; the clerk cannot issue the duces tecum without that order
  2. No; proof of notice alone authorizes every document demand
  3. No; any lawyer may create a court order
  4. No; the witness chooses the issuing judge
  5. No; all deposition subpoenas are forbidden

Legal references

  • 2019 Civil Procedure Amendments relevant Rules19–22: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Rules of Court retained relevant Rules19–22: https://lawphil.net/courts/rules/rc_1-71_civil.html

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